The Historical Sexual Offences (Disregarded Convictions and Official Records) (Scotland) Regulations 2019

Citation and commencement

1.  These Regulations may be cited as the Historical Sexual Offences (Disregarded Convictions and Official Records) (Scotland) Regulations 2019 and come into force on 15 October 2019.

Interpretation

2.  In these Regulations—

“annotation” means recording that the conviction has been disregarded and that the individual is to be treated for all purposes as someone who has not committed the offence,

“deletion” means physical removal from the official records,

“redaction” means physical blocking in the official records in a manner so the information cannot be read.

Removal of disregarded convictions from official records

3.  References to disregarded convictions are to be removed by a relevant record keeper from official records by—

(a) deletion,

(b) redaction, or

(c) annotation.

Relevant record keepers

4.  The following are specified for the purposes of section 10(5) of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 as relevant record keepers—

(a) The Crown Office and Procurator Fiscal Service,

(b) The Chief Constable of the Police Service of Scotland,

(c) The Scottish Courts and Tribunals Service, and

(d) The Scottish Ministers acting in their capacity as the holder of official records maintained by Disclosure Scotland with regard to their functions under the Protection of Vulnerable Groups (Scotland) Act 2007(1).

H YOUSAF

A member of the Scottish Government

St Andrew’s House,

Edinburgh

2nd October 2019